HomeMy WebLinkAbout12/11/2024 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: December 18, 2024
TO: Beth Leto, Airports
Business Manager, KWIA
FROM: Liz Yongue, Deputy Clerk
SUBJECT: December 11, 2024 BOCC Meeting
The following item has been executed and added to the record:
I1 2nd Extension to extend the Financial Advisor Consultant Services Agreement
with Frasca& Associates, LLC for one-year for the Key West International Airport Concourse A
and Terminal Improvements Program. The Task Orders will be funded by EYW Planning
Studies FDOT Contract GIQ04 and/or Airport Operating Fund 404.
I10 Contract with General Asphalt Co. LLC in the amount of$30,152,480.18 to shift
the Runway 7/25 centerline 40 feet to the north at the Florida Keys Marathon International
Airport to meet applicable FAA required runway-to-taxiway separation standards. The project is
being funded by FAA multi-year grant 44-43, FDOT Grant G1 V30, and Marathon Airport
Operating Fund 403.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
CONTRACT
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
INTENTIONALLY LEFT BLANK
CONTRACT 11-16R
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
issued for Bid Project Manual
S E C T 1 0 N C
ACKNOWLEDGMENT FOR CHANGE ORDERS
TO: Monroe County Board of Commissioners
Key West, Florida
REF: RELOCATE RWY 7-25
Florida Keys Marathon International Airport
Gentlemen:
In order to avoid the necessity of extensive amendments to the referred contract, the
undersigned acknowledges hereby that the following conditions are those for which
change orders are allowed under the Bid Law-
1 Unusual and difficult circumstances which, arose during the course of thie
execution of the contract which could not have been reasonably foreseen.
2. Where competitive bidding for the new work for new money will work to the
serious detriment of the awarding authority.
3. Emergencies arising during the course of the work,
4. Changes or alterations provided for in the original bid and originals contract
QonJA
lo
By:
CONTP,ACT 11-1 7R
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
INTENTIONALLY LEFT BLANK
CONTRACT II-18R
Florida Keys Marathon International Airport 04I24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
S E C T I O N D
C ONTRACT
RELOCATE RWY 7-25
Florida Keys Marathon International Airport
THIS AGREEMENT made and entered into the 11thdayof December , 2024,
by and between General Asphalt Co. LLC Contractor,
and the Monroe County Board of Commissioners, Key West, Florida, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the
Owner as follows:
1. That the Contractor, shall furnish all the materials, and perform all of the work in the
manner and form as provided by the following enumerated documents;
Instruction to Bidders, Form of Proposal, General Provisions, Special Provisions,
Technical Specifications, Form of Contract, Form of Bond, Drawings and Addenda,
which are attached hereto and made a part hereof, as if fully contained herein, for
the construction of:
RELOCATE RWY 7-25
Florida Keys Marathon International Airport
Monroe County, Florida
2. That the Contractor shall commence the work to be performed under this
agreement on a date to be specified in a written order of the Owner and shall
fully complete all work hereunder within 162 consecutive calendar days from
the Notice-to-Proceed (Construction) as per Special Provision No. 2.
3. The Owner hereby agrees to pay to the Contractor for the faithful performance of
the agreement, subject to additions and deductions as provided in the
contract documents the Contract Lump sum of Thirty Million One Hundred
Fifty-Two Thousand Four Hundred Eighty Dollars and 0.18 Cents ($30,152,480.18).
4. On or before the 15th day of each calendar month, the Owner shall make partial
payment to the Contractor on the basis of a duly certified and approved estimate of
work performed during the preceding calendar month by the Contractor. County
shall pay in accordance with the Florida Local Government Prompt Payment Act. Each
Application for Payment shall be based upon the Schedule of Values for the project.
The Schedule of Values shall allocate the entire Contract Sum among the various
portions of the Work and be prepared in such form and supported by such data to
substantiate its accuracy as the Director of Airports may require. This schedule, unless
objected to by the Director of Airports, shall be used as a basis for reviewing the
Contractor's Applications for Payment. Applications for Payment shall indicate the
CONTRACT II-19R
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
percentage of completion of each portion of the Work as of the end of the period
covered by the Application for Payment. Subject to the provisions of the Contract
Documents, the amount of each progress payment shall be computed as follows: Take
that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of
the total Contract Sum allocated to that portion of the Work, less retainage of ten percent
10%. Payment will be made after delivery and inspection by County and upon submission
of invoices with supporting documentation acceptable to the Clerk, on a monthly schedule
in arrears. Acceptability to the Clerk is based on generally accepted accounting principles
and such laws, rules and regulations as may govern the Clerk's disbursal of funds.
5. Upon submission by the Contractor of evidence satisfactory to the Owner that all
payrolls, material bills and other costs incurred by the Contractor in connection
with the construction of the work have been paid in full, final payment on account of
this agreement shall be made within twenty (20) days after the completion by the
Contractor of all work covered by this agreement and the acceptance of such work
by the Owner.
6. It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the
time herein specified, it is agreed that from the compensation otherwise to be
paid to the Contractor, the Owner may retain the amounts described in the
Liquidated Damages, Special Provision No. 3, per day for each day thereafter,
Sundays and holidays included, that the work remains uncompleted,which sum shall
represent the actual damages which the Owner will have sustained per day by failure
of the Contractor to complete the work within the time stipulated and this sum is
not a penalty being the stipulated damages the Owner will have sustained in
the event of such default by the Contractor.
7. It is further mutually agreed between the parties hereto that if at any time after
the execution of this agreement and the surety bond hereto attached for its
faithful performance, the Owner shall deem the surety or sureties upon such
bond to be unsatisfactory, or if, for any reason, such bond ceases to be adequate to
cover the performance of the work, the Contractor shall, at its expense within five
(5) days after the receipt of notice from the Owner so to do, furnish an
additional bond or bonds in such form and amount and with such surety or
sureties as shall be satisfactory to the Owner. In such event, no further payment to
the Contractor shall be deemed to be due under this agreement until such new or
additional security for the faithful performance of the work shall be furnished in
manner and form satisfactory to the Owner.
8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records, and
documents directly pertinent to performance under this Agreement in accordance
with generally accepted accounting principles consistently applied. Records shall be
retained for a period of seven years from the termination of this agreement or for a
period of three years from the submission of the final expenditure report as per
2 CFR §200.334, whichever is greater. Each party to this Agreement or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the Agreement
CONTRACT 11-20R
Florida Keys Marathon international Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
and for seven years following the termination of this Agreement. If an auditor employed
by the County or Clerk determines that monies paid to Contractor pursuant to this
Agreement were spent for purposes not authorized by this Agreement, or were wrongfully
retained by the Contractor, the Contractor shall repay the monies together with
interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date
the monies were paid by the County.
9. PUBLIC ACCESS. Public Records Compliance. Contractor must comply with
Florida public records laws, including but not limited to Chapter 119, Florida Statutes
and Section 24 of article I of the Constitution of Florida. The County and Contractor
shall allow and permit reasonable access to, and inspection of, all documents,
records, papers, letters or other "public record" materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the County and Contractor in conjunction with this contract and related
to contract performance. The County shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. Failure of the Contractor
to abide by the terms of this provision shall be deemed a material breach of this
contract and the County may enforce the terms of this provision in the form of a court
proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public
Records Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the
Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that
would be required by the County to perform the service. If the Contractor transfers
all public records to the County upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Contractor keeps and maintains public .
records upon completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a
CONTRACT 11-21 R
Florida Keys,marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
format that is compatible with the information technology systems of the County,
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the Couinty does not possess the requested:
records, the County shall immediately notify the Contractor of the request, and the
Contractor must provide the records to the County or allow the records to be
inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records,
the County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon, violation of this provision by the
Contractor. A Contractor who falls to provide the public records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119,10, Florida Statutes.
Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless or otherwise provided in this provision
or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-34701,
BRADLEY-BRII&N@M_ONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE, 1111 12 th STREET, SUITE 408, KEY WEST, FL 33040.
10. HOLD HARMLESS AND INSURANCE: The successful Respondent
shall defend, indemnify and hold the County and the County's elected
and appointed officers and emiployees harmless from and against (i)
any claims, actions or causes of action, (i i) any litigation,
administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death,), loss,
damage, fine, penalty or business interruption, and (iii) any costs or
expenses (including, without limitation, costs of remediation and costs
of additional security measures that the Federal Aviation
Administration, the Transportation Security Administration or any other
governmental agency requires by reason of , or in connection with, a
violation of any federal law or regulation, attorneys' fees and costs,
court costs, fines and penalties) that may be asserted against, initiated
with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Respondent or any of its
employees, agents, contractors or other invitees during the term of the
Agreement, (B) the negligence or recklessness,, intentional wrongful
misconduct, errors or omissions, or other wrongful act or omission of
Respondent or any of its employees, agents, sub-contractors or other
invitees, or (C) Respondent's default in respect of any of the
obligations that it undertakes under the terms the Agreement, except
to the extent the claims, actions, causes of action, litigation,
CONTRACT it-22R
Florida Keys Marathon International Airport 04124
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
proceedings, costs or expenses arise from the intentional or sole
negligent acts or omissions of the County or any of its employees,
agents, contractors or invitees (other than Respondent). The monetary
limitation of liability under this contract shall be equal to the dollar
value of the contract and not less than $1 million per occurrence
pursuant to Section 725.06, Florida Statutes. Insofar as the claims,
actions, causes of action, litigation, proceedings, costs or expenses
relate to events or circumstances that occur during the term of the
Agreement, this provision will survive the expiration of the term of the
Agreement or any earlier termination of the Agreement.
In the event the completion of the project(including the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any
and all increased expenses resulting from such delay.
The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement.
CERTIFICATES OF INSURANCE, Original Certificates of Insurance shall be
provided to the COUNTY at the time of execution of this Agreement and certified
copies provided if requested. Each policy certificate shall be endorsed with a
provision that not less than thirty (30) calendar days' written notice shall be
provided to the COUNTY before any policy or coverage is canceled or restricted.The
underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be
primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers. Failure of CONTRACTOR to comply with the
requirements of this section shall be cause for immediate termination of this
agreement.
11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of COUNTY and CONTRACTOR in this
Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any Agreement entered into by the COUNTY be required to contain any provision
for waiver.
12. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S
credit or make it a guarantor of payment or surety for any contract, debt,
obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further
warrants and represents that it has no obligation or indebtedness that would
impair its ability to fulfill the terms of this contract.
13. NOTICE REQUIREMENT: Any notice required or permitted under this
agreement shall be in writing and hand delivered or mailed, postage prepaid, to
the other party by certified mail, returned receipt requested, to the following:
FOR COUNTY:
CONTRACT 11-23 R
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
Richard Strickland
Executive Director of Airports
Key West International Airport
3491 S. Roosevelt Blvd.
Key West, Florida 33040
Pedro Mercado
Sr. Assistant County Attorney
1111 12th Street, Suite 408
Key West, FL 33040
FOR CONTRACTOR:
Robert A. Lopez
Executive Chairman
General Asphalt Co.,
LLC
4850 NW 72ld Ave.
Miami FL, 33166
14. GOVERNING LAW, VENUE, AND INTERPRETATION: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to Agreements made and to be performed entirely in the State. In the
event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and
CONTRACTOR agree that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe COUNTY, Florida.
15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of
conflicting interpretations of the terms or a term of this Agreement by or between any
of them the issue shall be submitted to mediation prior to the institution of any
other administrative or legal proceeding. Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the
circuit court of Monroe County.
16. SEVERABILITY: If any term, covenant, condition or provision of this Agreement
(or the application thereof to any circumstance or person) shall be declared
invalid or unenforceable to any extent by a court of competent jurisdiction, the
remaining terms, covenants, conditions and provisions of this Agreement, shall
not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest
extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with
a valid provision that comes as close as possible to the intent of the stricken
provision.
17. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in
CONTRACT II-24R
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
the event any cause of action or administrative proceeding is initiated or
defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees and
attorney's fees, in appellate proceedings. Each party agrees to pay its own court
costs, investigative, and out-of-pocket expenses whether it is the prevailing party or
not, through all levels of the court system.
18. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and
CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of COUNTY
and CONTRACTOR. If no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall be discussed at
a public meeting of the Board of County Commissioners. If the issue or issues
are still not resolved to the satisfaction of COUNTY and CONTRACTOR,
then any party shall have the right to seek such relief or remedy as may be provided
by this Agreement or by Florida law.
19. COOPERATION: In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of
this Agreement, COUNTY and CONTRACTOR agree to participate, to the
extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. COUNTY and CONTRACTOR
specifically agree that no party to this Agreement shall be required to enter into
any arbitration proceedings related to this Agreement.
20, BINDING EFFECT: The terms, covenants, conditions, and provisions of this
Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR
and their respective legal representatives, successors, and assigns.
21. AUTHORITY: Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly
authorized by all necessary County and corporate action, as required by law.
22. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from
liability, exemptions from laws, ordinances, and rules and pensions and relief,
disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the
COUNTY, when performing their respective functions under this Agreement
within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
23. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be
CONTRACT II-25R
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
construed as, authorizing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
24. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to
enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR
agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to,
or superior to the community in general or for the purposes contemplated in this
Agreement.
25, NO PERSONAL LIABILITY: No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or
employee of Monroe County in his or her individual capacity, and no member, officer,
agent or employee of Monroe County shall be liable personally on this Agreement or
be subject to any personal liability or accountability by reason of the execution of this
Agreement.
26. EXECUTION IN COUNTERPARTS: This Agreement may be executed in any
number of counterparts, each of which shall be regarded as an original, all of which
taken together shall constitute one and the same instrument and COUNTY and
CONTRACTOR hereto may execute this Agreement by signing any such
counterpart.
CONTRACT 11-26R
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
27. NON-DISCRIMINATION: Contractor agrees that there will be no discrimination against
any person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
terminates without any further action on the part of any party, effective the date of
the court order. Contractor agrees to comply with all Federal and Florida statutes,
and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of age;
5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,
relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC
ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.),
as amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
CONTRACT II-27R
}
4
Florida Keys Marathon International Ai
rport Interna n 04/24
Monroe County
,• Relocate Runway.7-25
f Issued for Bid Project Manual
IN WITNESS WHEREOF the parties hereto:have,executed this agreement on the day and date
i
first above written in two (2) cou-nterparts, each of which shall, without proof or accounting for the
other counterpart, be deemed an original contract.
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► ,�* ' i`�VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
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NOTARIAL JURAT.
STATE OF:
COUNTY OF: KtetyvAl•- .6,a e,.:
Subscribed and sworn to (or affirmed) before me, by means of • :physical presence or Li online
notarization, on ,- / TI.� 6.' , ,
(date) b /'. �--.
(name of affiant . ij /She is personallyknown to me or has produced
(type. of identification) as identification.
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`�`�Yill DANIEL C Z`�Y ���i� `r. .AN E SAN N E.
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CONTRACT II-28R
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
SECTION E
DRUG FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute 287.087, hereby
certifies that:
(Name of Business)
1 . Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations of
such prohibition.
2. Worm such employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug-free workplace, any available drug counseling,
rehabilitation and employee assistance programs and the penalties that may be imposed
upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in Sub-section: (1).
4. In the statement specified in Sub-Section (1), notify the employees that as a
condition of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of or plea of guilty or nolo, contendere to any violation of Chapter 893 (Florida
Statutes) or of any controlled substance law of the United States or any state for a violation
occurring in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the emiployee's community or any
employee who is so convicted,
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As a person, authorized to sign the statement, I certify that,*[s firAh co,tYipIies4ully with the
above requirements.
BM is Signature
Date: C 6 'z 10-L,
BIDDING REQUIREMENTS AND CONTRACT FORMS 1-26
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid ProJect Manual
SECTION Q
NON-COLLUSION AFFIDAVIT
j�� 4,
0 A,0, t of the city of according
to law on my oath, and under penalty of perjury, depose and say that:
1) 1 am C"I
of the firm of 21s T iL, 7 (,'6 -, c c c
the bidder making the bid proposal for the project described in the Notice for Calling for
bids for: c, o,I a1i
and that I executed the said proposal with full authority to do so:
2) The, prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating
to such prices with any other bidder or with any competitor;
3) Unless otherwise required by law, the prices which have been quoted in: this bid have not been
knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid
opening, directly or indirectly, to any other bidder or to any competitor; and
4) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
5) The statements contained in this affidavit are true and correct, and made with full knowledge
that Monro �'Icounty robes upon the truth of the statements contained in this affidavit in
awa rd ihn,t,. ontracts4br said project.
(Signature of the,
� (Date)
NOTARIAL JURAT
STATE OF:,
COUNTY OF-
Subscribed and sworn to (or affirmed) before me, by means of tJ physicalpresence or LJ online
notarization,
(name of affix t), JjQlShe is ipersonally,_known to-me or has produc d
(type of identification) as identification.
eirL 4 C
HEZ
orida Notarraw
y Public-State of FL_
commiF HH 407
islon NO, RY PU, LIC
My Commission Expires
July 06, 2024
BIDDING REQUIREMENTS AND CONTRACT FORMS 1-52
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
SECTION L
SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA
STATUTES, ON PUBLIC ENTITY CRIMES
This form must be signed and sworn to in the presence of a Notary Public or other
official authorized to administer oaths.
1. This sworn statement is submitted with Bid, Proposal or Contract No.
41-11 f P
2
fo r r
2. This sworn statement is submitted by
(name of entity submitting sworn statement)
whose business address is '7'ze el
and (if applicable) its Federal Employer Identification Number (FEIN) 7
(if the entity has no FEIN, include the Social Security Number of the individual signing
this sworn statement:
3
);645o", My name is and
(please print name of individual signing)
my relationishi�p to the entity named above is
ic� r
4. 1 understand that a "public entity crime", as defined in Paragraph 287.133(1)(g), Florida
Statutes, means, a violation of any state or federal law by a person with respect to and
directly related to the transaction of business with any public entity or with an agency or
political subdivision of any other state or of the United States, including, but not
limited to, any bid or contract for goods or services to be provided to, any public entity or
an agency or political subdivision of any other state or of the United States and
involving anti-trust, fraud, theft, bribery, collusion, racketeering, conspiracy or
material misrepresentation,
5. 1 understand that "convicted" or "conviction", as defined in, Paragraph
287A 33(l)(6), Florida Statutes, means a finding of guilt or a conviction of a public
entity crime with or without an adjudication of guilt in any federal or state trial court of
record relating to charges brought by indictment or information after July 1, 19891, as a
result of a jury verdict, non-jury trial or entry of a plea of guilty or nolo con:tendere.
BIDDING RI QU1REMENTS AND CONTRACT FORMS 1-3 8
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
issued for Bid Project Manual
6. 1 understand that an "affiliate", as defined in Paragraph 287.133(1)(a), Florida
Statutes, means:
a. A predecessor or successor of a person convicted of a public entity
crime; or
b. An entity under the control of any natural person who is active in the
management of the entity and who has been convicted of a public entity
crime. The term "affiliate" includes those officers, directors, executives,
partners, shareholders, employees, members and: agents who are active in
th,e management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person or a pooling of equipment or
income among persons when not for fair market value under an arm's length
agreement, shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture with a person
who has been convicted of a public entity crime in Florida during the
preceding 36 months shall: be considered an affiliate.
7. 1 understand that a "person", as defined in Paragraph 287,133(1)(e), Florida
Statutes, means any natural person or entity organized under the laws of any state
or of the United States with the legal power to enter into a binding contract and which,
bids or applies to biid on contracts for the provision of goods or services let by a
public entity or which otherwise transacts or applies to transact business with a public
entity. The term "'person" includes those officers, directors, executives, partners,
shareholders, employees, members and agents who are active in management of an
entity.
8. Based on information, and belief, the statement which I have marked below is true
in relation to the entity submitting this sworn statement, (indicate which statement
applies.)
Neither the entity submitting this sworn statement nor any of its officers,
directors, executives, partners, shareholders, employees, members or
agents who are active in the management of the entity, nor any affiliate of the
entity has been charged with and convicted of a public entity crime subsequent
to July 1, 1989.
The entity submitting this sworn statement or one or more of its officers,
directors, executives, partners, shareholders, employees, members or
agents who are active in the management of the entity or an affiliate of the
entity has been charged with and convicted of a public entity crime
subsequent to July 1 , 1989, AND (please indicate which additional
statement applies)
There has been a proceeding concerning the conviction before: a Hearing
Officer of the State of Florida, Division of Administrative Hearings. The
Final Order entered by the Hearing Officer did not place the person or
affiliate on the convicted vendor list, (Please attach a copy of the Final
Order.)
BIDDfNG REQUIREMENTS AN r D CONTRACT FORMS 1-39
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Pro.ject Manual
The person or affiliate was placed on the convicted vendor list. There has
been a subsequent proceeding before a hearing officer of the State of
Florida, Division of Administrative Hearings, The Final Order entered by the
hearing officer determined that it was in the public interest to remove the
person or affiliate from the convicted vendor list. (Please attach a copy
of the Final Order.)
The person or affiliate has not been placed on the convicted vendor list.
(Please describe any action taken by or pending with the Department of
General Services.)
Signature of Atithorized Representative:
41
-----------
cc')4,
Title Date
N�OTARIAL JURAT
STATE OF:
COUNTY OF: te,
Subscribed and sworn to (or affirmed) before me, by means of online
h ',physical' presence or 11
notarization, (date) by
(name of affiant). Ije/She is arson known to me or has produced
(type of lidentification) as identification.
NOTARY PUBLIC
BIDDING REQUIREMENTS AND CONTRACT FORMS 1-40
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
SECTION M
SWORN STATEMENT UNDER ORDINANCE NO. 10-11990 MONROE COUNTY,
FLORIDA
ETHICS CLAUSE
V/
.'r e,l 'Ae _J warrants that he/it has not
employed, retained or otherwise had,'art on his/its behalf any former County officer or employee
in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in vioIlliation
of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may,
in its discretion,, terminate this Contract without liability and may also, in its discretion, deduct
from the Contract or purchase price or otherwise recover the full amount of any fee, commission,
percentage, gift or consideration paid to the former County officer or employee.
asr
_e.
NOTARIAL JURAT
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of 0,'p' hysical presence or 0 online
Z z _ (date) by 64,
notarization, on c" e, z
(name of aff iant)._,HelShe is l6erso'nally known to me or has produced
(type of iclentificataqp),as identification.
V*.
DANIEL SANCHEZ
y'yp NOTARY, 'PUBLIC
-,Notary Public-State of Florida
Commission # Hid 407
My commission Expires
ol"%�IV'�' July 06, 2024
BIDDING REQUIREMENTS AND CONTRACT FORMS 1-41
Florida Keys Marathon International Airport 04/24
Monroe County
Relocate Runway 7-25
Issued for Bid Project Manual
SECTION T
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
ProJectDescription(s): ;�Z10('q4:e il.,as,v (4-nw
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address: at fn a,A,
City: It ei p. State: 15(— zip:
Phone Number: /
8 0
Email Address: jah A") Cea)
— V
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section
215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287,135, Florida Statutes, also
prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of$1,0�00,000 or more, that are on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which
were created pursuant to s. 215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria,
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may
subject company to civil penalties, attorney's fees, and/'or costs. I further understand that any contract with
the County inay be terminated, at the option of the County, if the company is found to have submitted a
false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a
boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petrolcutii Energy Sector List or been engaged in business operations
in Cuba or Syria.
Certified By: 1
who is authorized
pan
to sign on behalf of the above Y,
ericof� QIA
Authorized Signature:
Print Name Z-
Title:
Note: The List are'available at the foll'o"wing Department of Management Services Site:
littp://wNv�N,,.ciii.is.iiiyllori(la.coiii/bLISilleSS operations/state pkirchasi!i2g gndor inforination/convicted sus
nended discriminatory complaints vendor lists
BIDDING REQUIREMENTS AND CONTRACT FORMS 1-55
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name: —General Asphalt Co., LLC
Vendor FEIN: 59-1115297
Vendor's Authorized Representative: Robert A. Lopez Jr., CEO
(Name and Title)
Address: _4850 NW 72nd Avenue
City: —Miami State: __FL Zip: 33166
Phone Number: 305-592-3480
Email Address: —roboagenerala.sphalt.com
As a nongovernmental entity executing, renewing, or extending a contract with
a government entity, Vendor is required to provide an affidavit under penalty of
perjury attesting that Vendor does not use coercion for labor or services in
accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or
confine any person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person
when labor or services are pledged as a security for the debt, if the value
of the labor or services as reasonably assessed is not applied toward
the liquidation of the debt, the length and nature of the labor or service
are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or
possessing any actual or purported passport, visa, or other immigration
document, or any other actual or purported government identification
document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule
11 of Section 893.03 to any person for the purpose of exploitation of that
person.,
As a person authorized to sign on behalf of Vendor, I certify under penalties of
perjury that Vendor does not use coercion for labor or services in accordance
with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida
Statutes, and agrees to abide by same.
Certified By: .—Robert A. Lopez Jr.
who is authorized to sign on be, f f of I le above referenced company.
Authorized Signature:
/I I
Print Name:--Rob Lopez Jr.
Title: —CEO
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State qf Florida
Department of State
I certify from the records of this office that GENERAL ASPHALT CO., LLC is
a limited liability company organized under the laws of the State of Florida,
filed on December 21, 2021, effective January 25, 1966.
The document number of this limited liability company is L21000529618.
I further certify that said limited liability company has paid all fees due this
office through. December 31, 2024, that its most recent annual report was filed
on January 22, 2024, and that its status is active.
Given under my hand and the
Great Seal of the State of Florida
at Tallahassee, the Capital, this
the Twentp-second day of January,
2024
Ole
Secretaly off late
Tracking Number: 10664001623CC
To authenticate this certificate,visit the following site,enter this number,and then
follow the instructions displayed.
bttps://services.sunbiz.o,i-g/Filiiigs/CertificateOfStatus/Cei-tificateAuthenticatioii
711/20/2024
E(MM/DD/YYYY)
ACCORD® CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Sarah Trltz
Holmes Murphy&Associates PHONE FAX
2727 Grand Prairie Parkway A/C No Ext: 515-223-6813 A/C,No):
E-MWaukee IA 50263 ADDRESS: stritz@holmesmurphy.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:Travelers Indemnity Company 25658
INSURED GENASPPC INSURERB: Charter Oak Fire Insurance Company 25615
General Asphalt Co, LLC INSURERC:Travelers Property Casualty Co.America 25674
4850 NW 72nd Avenue
Miami , FL 33166 INSURERD: Great American Insurance Company 16691
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1870784345 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
A X COMMERCIAL GENERAL LIABILITY VTC2KC07W3485391ND24 2/1/2024 2/1/2025 EACH OCCURRENCE $2,000,000
CLAIMS-MADE � OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence) $300,000
MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
POLICY� PE� LOC PRODUCTS-COMP/OP AGG $4,000,000
OTHER: $
C AUTOMOBILE LIABILITY VTC2JCAP7W348527TIL24 2/1/2024 2/1/2025 COMBINED SINGLE LIMIT $2,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
C UMBRELLALIAB X OCCUR CUP7W3485402525 2/1/2024 2/1/2025 EACH OCCURRENCE $2,000,000
X EXCESS LAB CLAIMS-MADE AGGREGATE $2,000,000
DED RETENTION$ $
B WORKERS COMPENSATION UB4X542098 11/1/2024 2/1/2025 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? FN] N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
D Excess Liability TUE025052412 2/1/2024 2/1/2025 Each Occurrence 10,000,000
Aggregate 10,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
RE: Relocate RWY 7-25 Florida Keys Marathon International Airport Monroe County, FL
Monroe County Board of County Commissioners is Additional Insured on the General Liability and Auto Liability,when required by written contract with the
insured, per policy terms and conditions.
11 20.24
CERTIFICATE HOLDER CANCELLATION Sw
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton St
Key West FL 33040 AUTHORIZED REPRESENTATIVE
USA
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